§ 9.0. RISK ALLOCATION AND INDEMNITY  


Latest version.
  • 9.01 Contractor shall defend, indemnify, and hold forever harmless LCG and its respective employees, agents, representatives, officers, directors, elected and appointed officials, and any and all other persons for whom they may be deemed liable and/or answerable, to the extent permitted by law, from and against any and all claims, demands causes of action, and/or rights of action arising out of or resulting from the performance of any work and/or obligations contemplated under this Contract, including but not limited to, any and all claims for damages, losses, expenses and/or attorney's fees which result from any breach by Contractor of any of the terms, provisions, conditions, and/or limitations of the Contract, as well as any and all claims resulting from the sole negligence, liability, strict liability, and/or fault of the Contractor and/or the joint and/or concurrent negligence, liability, strict liability, and/or fault of the Contractor with any other persons or parties whomsoever.

    Contractor further agrees that he will defend, indemnify, and hold forever harmless LCG and its respective employees, agents, representatives, officers, directors, elected and appointed officials, and any and all other persons for whom they may be deemed liable and/or answerable, to the extent permitted by law, from and against any and all claims, demands causes of action, and/or rights of action arising out of the lawful demands of Subcontractors, laborers, workmen, mechanic, material-men, and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this Contract. At LCG's request, Contractor shall furnish satisfactory evidence that all obligations of the nature herein above designated have been paid, discharged or waived. If Contractor fails to do so, LCG may, after having served written notice on Contractor, either pay unpaid bills, of which the LCG has written notice, direct, or withhold from Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such claims until satisfactory evidence is furnished that all liabilities have been fully discharged.

    Notwithstanding the aforesaid, nothing contained herein shall be deemed to limit the obligations of any insurance company providing coverage in accordance with the terms of this Contract to defend, indemnify, and hold harmless LCG, its respective employees, agents, representatives, officers, directors, elected and appointed officials, and any and all other persons or parties whomsoever to the full extent of their insurance contract and/or as required by law.

    9.02 If Excluded Waste is discovered before it is collected by Contractor, Contractor may refuse to collect the entire Cart or Yard Waste placed for Collection. In such situations, Contractor shall contact LCG and LCG shall undertake appropriate action to ensure that such Excluded Waste is removed and properly disposed of by the depositor or Producer of the waste. In the event any Excluded Waste is not discovered by Contractor before it is collected, Contractor may, in its sole discretion, remove, transport and dispose of such Excluded Waste at a location authorized to accept such Excluded Waste in accordance with all applicable laws and charge the depositor or Producer of such Excluded Waste all direct and indirect costs incurred due to removal, remediation, handling, transportation, delivery and Disposal of such Excluded Waste. LCG shall provide all reasonable assistance to Contractor to conduct an investigation to determine the identity of the depositor or Producer of the Excluded Waste and to collect the costs incurred by Contractor in connection with such Excluded Waste. Subject to LCG's providing all such reasonable assistance to Contractor, Contractor shall release LCG from any liability for any such costs incurred by Contractor in connection with such Excluded Waste, except to the extent that such Excluded Waste is determined to be attributed to LCG.

(Ord. No. O-216-2008, Exh., 11-4-08)